A.
The Township Committee may by ordinance adopt or amend
an Official Map of the Township, to reflect the appropriate provisions
of the Master Plan, or it may adopt such map which, in whole or in
part, is inconsistent with the Master Plan, but only by an affirmative
vote of a majority of its full authorized membership, with the reasons
for so acting recorded in the minutes when adopting the Official Map.
Prior to the hearing on the adoption of the Official Map or any amendment
thereto, the Township Committee shall refer the proposed map or amendment
to the Board.
B.
The Official Map shall be deemed conclusive with respect
to the location and width of streets and public drainageways and to
the location and extent of flood control basins and public areas,
whether improved or unimproved or in actual existence.
Upon receiving an application for development,
the Township may reserve for future public use the aforesaid streets,
ways, basins and areas shown on the Master Plan or Official Map as
follows:
A.
Time. The Board may reserve their location and extent
as shown on the development plat for a period of one year after approval
of the final plat or for such further time as may be consented to
by the applicant. Unless during such period or extension thereof the
Township shall have entered into a contract to purchase or institute
condemnation proceedings according to law for the fee or a lesser
interest therein, the applicant shall not be bound by such reservations
shown on the plat and may proceed to use such land for private use
in accordance with applicable development regulations. These provisions
shall not apply to streets and roads, flood control basins or public
drainageways necessitated by the subdivision or land development and
required for final approval.
B.
Compensation. The applicant shall be entitled to just
compensation for actual loss found to be caused by such temporary
reservation and deprivation of use. Unless a lesser amount has been
previously mutually agreed upon, this shall be deemed to be the fair
market value of an option to purchase the land reserved for the period
of reservation; provided, however, that the determination of such
fair market value shall include but not be limited to consideration
of the real property taxes apportioned to the land reserved and prorated
for the period of reservation. The applicant shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision or site
plan approval caused by the reservation. The procedure for payment
by the Township of just compensation shall be provided by ordinance.
Township approval by ordinance under any law
other than the Municipal Land Use Law of the layout, widening, changing
the course of or closing of any street or the widening or changing
the course of any public drainageway or changing the boundaries of
a flood control basin or public area shall be subject to the provisions
of that law and this chapter.
